NRS 445A.943 Issuance of orders by Division.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. If the Division has reason to believe that a person is engaging or has engaged in any act or practice which violates the provisions of NRS 445A.800 to 445A.955 , inclusive, or a regulation adopted or order issued pursuant thereto, or any term or condition of a permit to operate a public water system issued pursuant to NRS 445A.860 or a certification of a laboratory for the analysis of water issued pursuant to NRS 445A.863 , the Division may, in addition to any other action authorized or required by NRS 445A.800 to 445A.955 , inclusive, issue an order:

(a)Specifying the provision or provisions which the Division believes or has reason to believe the person is violating or has violated;

(b)Setting forth the facts alleged to constitute the violation;

(c)Prescribing the actions the person must take to correct the violation and the period during which the violation must be corrected; and

(d)Requiring the person to appear before the Administrator of the Division or a hearing officer appointed by the Administrator to show cause why the Division should not commence an action against the person in district court for appropriate relief.

2. If the Division has reasonable cause to believe, based on evidence satisfactory to it, that any person is about to violate the provisions of NRS 445A.800 to 445A.955 , inclusive, or a regulation adopted or order issued pursuant thereto, or any term or condition of a permit to operate a public water system issued pursuant to NRS 445A.860 or a certification of a laboratory for the analysis of water issued pursuant to NRS 445A.863 , the Division may, without a prior hearing, issue a summary order against the person, directing the person to cease and desist from any further acts that constitute or would constitute a violation.

The summary order to cease and desist must specify the provision of NRS 445A.800 to 445A.955 , inclusive, or a regulation adopted or order issued pursuant thereto, or the term or condition of a permit or certification which the Division reasonably believes is about to be violated.

3. An order issued by the Division pursuant to subsection 1 or 2 is effective immediately and is not subject to review unless the person to whom the order is directed, not later than 30 days after the order is issued, submits a written petition to the Commission for a hearing.